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1973 07 30 CHANHASSEN VILLAGE COUNCIL MINUTES - July 30, 1973 CONTINUATION OF PUBLIC HEARING - DORN ASSESSMENT POLICY -1- I The Mayor opened the Public Hearing for the Continuation of the Public Hearing of the Dorn Assessment Policy at 7:30 p.m. in the Village Hall. The following members of the Village Council were present: Mayor Klingelhutz, CQuncilmen Kurvers and Wolf. Councilmen Bennyhoff and Neils were absênt. The Village Attorney read the official notice of the Public Hearing. Bill Schoell, the Village Engineer, explained how the changefroi1i:'lS to 3 years would affect each property owner. /. ~ ' Councilman Neils entered the room. A motion was made by Councilman Wolf and seconded by Councilman Kurvers to close the Public Hearing. The following voted in favor thereof: Mayor Klingehutz, Councilmen Kurvers, Neils and Wolf. No negative votes. Motinn carried. -------------------------------------------------------------------------- CHANHASSEN VILLAGE COUNCIL MINUTES - July 30, 1973 I The Special Village Council meeting was called to order on July 30, 1973 at 8:00 p.m. in the Village Hall by Mayor Klingelhutz and was opened with the Pledge to the Flag. The following members were. present: . Mayor Klingelhutz, Councilmen Kurvers, Neils and Wolf. Councilmen Bennyhoff was absent. -"..-. VILLAGE COUNCIL MINUTES: A motion was made by Councilman Kurvers and seconded by Councilman Wolf to approve the special Village Council minutes of July 23, 1973 after the following correction is made: Page 2 under Project 71-lF, the Village Attorney responded to the letter from Henry Neils. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Kurvers, Neils and Wolf. No negative votes. Motion cqr~ied. Councilmen Bennyhoff entered the room. RED CEDAR POINT - TRAILOR HOUSE: A motion was made~y Councilman Neils and seconded by Councilman Wolf to notify. the owners of the trailor house in Red Cedar Point to remove it within 30 days. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. PLANNING COMMISSION MINUTES: A motion was made by Councilmen Neils and seconded by Councilman Wolf that the Planning Commission minutes of July 24, 1973 be noted and read. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. I A motion was made by Councilman Kurvers and seconded by Councilman Bennyhoff that the Public Hearing minutes for the Zoning Ordinanée Amendment be noted and read. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion Carried. CHANHASSEN VILLAGE COUNCIL MINUTES - July 30, 1973 -2- PUBLIC HEARING MINUTES: A motion was made by Councilman Wolf and sec- onded by Councilman Neils that the Public Hearing minutes ofr Leonard E. I Ware's Conditional Use Permit be noted and read. The following voted in favor thereof: Mayor Klingèhutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. SANf~ÃR¥-6EWER 71-4: A motion was made by Councilman Wolf and seconded by Councilman Neils to approve Resolution No. 730731 entitled Approving the Assessment Role, as proposed by the Village Engineers. The entire amount shall be assessed against the benefited parcels of land in such amounts as are set forth on said assessment role and shall be payable, unless prepaid, in three equal, consecutive, annual installments. The first installment will be payable with interest at the rate of 8% per annum on the entire assessment from the date of the resolution levying said assessments to December 31, 1973, and each subsequent installment will be payable with one year's interest at said rate on all unpaid in- stallments, except that no interest will be charged if the entire assess- ment as to any parcel is paid at the office of the Treasurer within 30 days from the date of adoption of the assessment roll. The role is divided by the Village Engineer against the individual parcels with the total cost of the project being $81,484.10. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. SIGN PERMIT-RENAISSANCE FESTIVAL: Barbara Rork was present requesting a sign permit for the three faced sign, no taller than 6 feet, to be put up from August 1, 1973 to September 25, 1973. I A motion was made by Councilman Wolf and seconded by Councilman Bennyhoff to grant a temporary sign permit from August 1, 1973 to September 25, 1973 to the Minnesota Renaissance Festival, per exhibit dated July 15, 1973 from Barbara Rork. The following voted in favor thereof: Mayor Klingelhutz, Councilman Bennyhoff, Kurvers and Wolf. Councilman Neils voted no. Motion carried. The Village Council noted that they are granting two variances on the size of the sign and that it has three sides. CIGARETTE LICENSE FOR RENAISSANCE FESTIVAL: A motion was made by Councilman Bennyhoff and seconded by Councilman Wolf to grant a Cigaret~License to the Minnestoa Renaissance Festival for a fee not less than $10.00 from September 8, 1973 to September 23, 1973. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. LEONARD E. WARE: Mr. Ware was present requesting a Conditinnal Use Permit. He feels that the building permit and a conditional use permit of over $60.00 is too high for an addition to a tool house. Discussion followed. A motion was made by Councilman Kurvers and seconded by Councilman Neils to grant a Conditional Use Permit for a 24 ft. x 38 ft. one story building I with architectural style to the existing building. He is to use standard size doors to be used for garden tools and the purpose of the building is set forth in the application of the conditional use permit. The Village will not be liable for footing and slab because of lack of inspection. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Benny- hoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. CHANHASSEN VILLAGE COUNCIL MINUTES - July 30, 1973 -3- I LEONARD E. WARE: A motion was made by Councilman Bennyhoff and seconded by Councilman Kurvers for Mr. Ware to pay a double building permit fee as a penalty because of lack of inspections. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. AL KLINGELHUTZ: Al Klingelhutz was requesting a variance from Ordinance No. 33 and Ordinance No. 45. He wants to sell 119 acres of his farm and keep the house for himself. Councilman Neils feels this is spot zoning. The vi~lage Attorney stated that this is not spot zoning. The Village Council feels that a future concern is access on Highway 101. The developer should include the ingress and egress of Highway 101 and this property should be made an intricate part of the development of this area. The Council feels that the access now is not a desireable spot to get on Highway 101. Discussion followed. A motion was made to grant a waiver division of a one in favor thereof: Neils voted no. by Councilman Kurvers and seconded by Councilman Wolf from Ordinance 33, Section 13.02 which allows the acre parcel by meets and bounds. The following voted Councilman Bennyhoff, Kurvers and Wolf. Councilman Motion carried. I Councilman Neils felt that this is not a harship case. A motion was made by Councilman Wolf and seconded by Councilman Kurvers to grant a variance to Ordinance No. 45 Section 2, Subsection 2.01 based on the fact that sewer is eminent. The following voted in favor thereof: Councilman Bennyhoff, Kurvers and Wolf. Councilman Neils voted no. Motion defeated. Councilman Neils felt a hardship does not exist. TOM KLINGELHUTZ - WAIVER: Tom Klingelhutz was present requesting a waiver from Ordinance No. 33 Section l3 on the Steller property. Mr. Steller would like to retain 3.46 acres and his house. He would sell 26.4 acres. Discussion followed. A motion was made by Councilman Bennyhoff and seconded by Councilman Neils to grant a waiver from Ordinance 33 Section 13 to Tom Klingelhutz and George Steller with reference to notes of July 23, 1973 and schmatic drawings of Novembe~.of 1970. The following voted in favor thereof: Mayor Klingelhutz, Councilen Bennyhoff, Kurvers and Wolf. Councilman Neils vQted no. Motion carried. Councilman Neils felt there is no hardship case. WELTER HOUSE: The Mayor read the recommendations from the Park and Recreation Commission. Discussion followed. I CHANHASSEN.VILLAGE COUNCIL MEETING - July 30, 1973 -4- WELTER HOUSE, CON'T: A motion was made by Councilman Bennyhoff seconded by Councilman Wolf to reject the offer to purchase the property for $28,000.00. The following voted in favor thereof: Klingelhutz, Councilmen Bennyh6ff, Kurvers, Neils and Wolf. No negative votes. Motion carried. and Welter Mayor I 70-6 TRUNK SEWER - A motion was made by Councilman Wolf and seconded by Councilman Kurvers to approve repayment schedule to the 1973 Bond Issue from the Sewer Expansion fund for the Trunk Sewer 70-6 which is located along the Force Main by Chanhassen Estates. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. JANITOR SERVICES FOR JU JITSO: A motion was made by Councilman Wolf and seconded by Councilman Neils to defer any action on the $60.00 for Janitor Services until more information is gotten. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, KUrvers, Neils and Wolf. No negative votes. Motion carried. DUTCH ELM DISEASE: Henry Wrase explained about the Dutch Elm Disease problem. A motion was made by Councilman Wolf and seconded by Councilman Kurvers to appoint Henry Wrase as Forester and Dale Gregory as Assistant Forester. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. A motion was made by Councilman Kurvers and seconded by Co~ncilman Bennyhoff for the Fire Chief, Forester and Assistant Forester to issue burning permits and supervise persons burning diseased trees. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. I GREAT PLAINS BLVD. FUNDING 73-4; A motinR was made by Councilman Kurvers and seconded by Councilman Bennyhoff to designate the improvement of Great Plains Blvd. and West 76th St. Project 73-4 be funded from the surplus of funds in the Lake Ann Sewer Project. The following voted in favor thereof: Mayor Klinge1hutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. STELLER CIRCLE: A motion was made by Councilman Neils and seconded by Councilman Wolf to name the Circle by George Steller properties and East of Galpin Blvd, Steller Circle. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Neïæ and Wolf. No negative votes. Motinn carried. A mot inn was made by Councilman Bennyhoff and seconded by Coùncilman Wolf to adjourn the meeting. The following voted in favor thereof: Mayor Klingelhutz, Councilmen Bennyhoff, Kurvers, Neils and Wolf. No negative votes. Motion carried. TIME: 10:45 p.m. I .... ~~;:~d/dI2t?Jð¿ Sharon Loechler, Secretary